Regina v JJM [2004] NSWCCA 71

New South Wales Court of Criminal Appeal

CITATION : Regina v JJM [2004] NSWCCA 71 HEARING DATE(S) : 17 March 2004 JUDGMENT DATE : 17 March 2004

JUDGMENT OF : Hodgson JA at 1,20,24; Shaw J at 22; Smart AJ at 2 DECISION : 1. No material to be published which would identify or tend to identify the applicant. 2. Leave to appeal granted. Appeal allowed. Sentence quashed. 3. In lieu of the sentence imposed, the applicant is sentenced to imprisonment for 4 years with a non-parole period of 2 years commencing on 14 March 2003 and expiring on 13 March 2005.

CATCHWORDS : Sentence imposed did not adequately reflect mitigating factors LEGISLATION CITED : Crimes Act CASES CITED : Nil PARTIES : Regina v JJM FILE NUMBER(S) : CCA 60448/03 COUNSEL : (A) C Craigie SC (C) B Knox SC SOLICITORS : (A) S O'Connor (C) S Kavanagh

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0407 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60448/03 HODGSON JA SHAW J SMART AJ

NON PUBLICATION ORDER Regina v JJM JUDGMENT

1. HODGSON JA: I will ask Smart AJ to deliver the first judgment.

2. SMART AJ: JJM seeks leave to appeal against the severity of a sentence of five years imprisonment with a non-parole period of three years for the offence of armed robbery with an offensive weapon in company and wounding. Under section 98 of the Crimes Act the maximum penalty is 25 years.

3. The judge found the following facts: "... about 10.15 am on 1 August 2002 the offender and Stower walked to business premises known as the Kanwal General Store and Fuel Supply, located at the intersection of Pearce Road and Craigie Avenue, Kanwal. Stower was armed with a knife and also with a toy, but no doubt on cursory glance, lifelike gun. The offender was also armed with a toy gun, although there was no suggestion that he in any way removed it from where it was visibly lodged in his clothing. In any event, the offender and his co-offender entered the store.